The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-11-02
COULD NOT BE CONVICTED
Mayor Denny Discharges the Two Men
Arrested for the Murder of peBurger.
He Thinks the Evidence Against Them Is In
sufficient to Warrant Their Being Held
The Verdict of Coroner Wagner.

James Haley and Brysut Bresnan. charged
with being the rnurderers of George DeBurger
were exonerated yesterday by both the coroner
and Mayor Denny, and the crime that was COM
mitted week ago last Sunday night remains
shrouded in profounded mystery. The proba-
blisies are that it will 60 unsolved, as the
officers feel that they have done ali that can be
done to ferret it out The only hope OF finding
the guilty persons lies with the private detect
ives of the city, who now announce that as the
police have finished their work and accomplished
nothing, they will turn their attention to the
murder. However, it is not expected that the
best detective talent viii be brought TO work on
the case unless the reward is made larger. So
far, the only inducement for detective work has
been offered by the street-railway company.
The County Com sioners being severely
criticised for not offering a reward for the de-
lection and conviction Of the murderers. Such
crimes are becoming too common. Only nine
months ago Conaughtou was shot down at z
o'clock on Virginia avenue, where scores of 2eo-
pie were in hearing distance of the shot, and no
one has been convicted of the murder Besides
the little attention the members OF the regular
police force able to give the crime,
effort was made TO bring the murderer 70
Justice. No reward was offered by the minis
sioners. and there was no inducement for
trained detectives to work upon the case
Coroner Wagner has spent several days re-
viewing the evidence ELECTED in his investlga-
ton, and yesterday morning framed his conclu-
sion IN the following verdict:
find that George DeBurger came to his death
Saturday night Oct. D. 1887. from congestion of
the brain the result of violence at the hands OF per-
sons unknown to me- Said injuries were received IN
circumstances surrounding the case show the assault
to have been permedtated and malicious one.
When the concluding session OF the prelimary
I1a~ har, hae~ %I> Aaxv fopday
noon at o'clock, the State prosecutor was ao-
sent, and a. c. Allen. the attorney for the
street railway company. was the only repre-.
sen tative of the prosecution present He stated
to the court that there seemed to be desire TO
allow the prosecution to 60 by default, and that.
not being the legal representative of the State,
of going further into the case Several wit
nesses had been summoned to testify in rebuff
tai, but only one was present. That
one was Mr.. William Kennedy. night clerk
in Caviness's restaurant on South Illinois street.
where Haley, Bresnau aud Morris Lucid took
lunch, between II and o'clock. on the night
was about 1890 o'clock when the three came in.
After they had called for lunch one CT them
made a remark about DeBurger having been
hurt The witness asked how and where he had
been hurt. and Haley answered that ne had
been stoned on South West street, and then
thrown over the dashboard of his car. Haley
afterward remarked that the driver was id
scsb and it didn't make much difference"
At the conclusion of the testimony MIR. Allen
stated that as the prosecutor was absent he did
not care to argue the case, and would intrust the
evidence to to his Honor the Mayor $50 far
as the evidence against Bresnan is concerned,
said he 81 do not believe that there is sufficient
to hold him. 1t has not been shown that he was
more guilty than several others who were out
with him on that Saturday night"
The Mayor said he did not desire to have any
argument from the attorneys for the defense,
and proceeded to his decision at once. 81 have
gone over all the evidence carefully" said he.
'All who have listened to the evidence gu admitted
by the State have been somewhat impressed
with it It is light thing for this court to set
aside the testimony of the witnesses for the
State, but in this case I cannot give it much
weight One man South Delaware street
claims to have recognized Haley on that street
Saturday night but outside of him there is no
one who said positively that they saw either of
the accused of Illinois street on the night
the crime was committed. In the face of all the
numerous witnesses who have been brought here
in behalf of he defendants in proof OF alibi it
seems to be useless for me to bind the men over
If the prosecution cannot make stronger case
no jury could convict the men. Taking the
of the little girl who saw the attack
and Mrs. Houk. / might twist the law as to
bind the men over. but l cannot consistently do
it. l apprehend that if the State finds any addi-
tional evidence against the men it can put it be-
fore the grand jury, for certain that the
not going to leave the city. l
therefore discharge the accused"
The young men did not much elated
over their release, regarding it apparently a
matter of course. They were congratulated by
many relatives and friends who were present.